New Delhi: In a relief for activist Medha Patkar, a Delhi court on Tuesday modified the five-month imprisonment awarded to her in the defamation case filed against her by LG VK Saxena. The court ordered her release on “probation of good conduct” for one year.
The court of additional sessions judge Vishal Singh was hearing an appeal filed by Patkar against her conviction and five-month sentence in the case filed in 2000. The judge stated that the order of a magisterial court sentencing her to five months of simple imprisonment dated July 1, 2024 was being modified.
The court also reduced the amount of the fine imposed on the 70-year-old Patkar from Rs 10 lakh to Rs one lakh, saying the fine was disproportionate to the gravity of the offence. It pointed out that Patkar, being a person of repute, must know the value of one’s reputation and how defamation can result in loss of face and public esteem of the victim. The court further observed that an insensitive approach towards others’ reputation and abuse of the right to free speech must be met with criminal sanction.
“In the present case, the offence is not such that a sentence of imprisonment is warranted. The convict is an aged lady and no prior conviction was alleged against her. There is no reason why the benefit of release on probation should be denied to her,” the judge said in the order. However, he clarified that the release was conditional on Patkar depositing the fine of Rs one lakh.
“On deposit of compensation amount, convict or appellant Medha Patkar shall furnish a probation bond of Rs 25,000 with one surety of like amount for an operative period of one year from the date of furnishing the probation bond,” the court added.
Probation is a method of non-institutional treatment of offenders. It is a conditional suspension of sentence in which the offender, after conviction, is released on a bond of good behaviour instead of being sent to prison.
When the proceedings started around 11 am on Tuesday, Patkar’s counsel moved a plea for her to appear via videoconferencing. The court allowed the plea, following which the advocate challenged the order on sentence.
Requesting her release on probation of good conduct, the counsel said Patkar was suffering from various age-related ailments.
During the proceedings, Saxena’s counsels, advocates Gajinder Kumar and Kiran Jai, said Patkar intentionally defamed their client with a premeditated mind, for which she deserved strict punishment.
Saxena had filed the case as president of National Council of Civil Liberties against Patkar for her defamatory press release against Saxena on Nov 24, 2000.
New Delhi: In a relief for activist Medha Patkar, a Delhi court on Tuesday modified the five-month imprisonment awarded to her in the defamation case filed against her by LG VK Saxena. The court ordered her release on “probation of good conduct” for one year.
The court of additional sessions judge Vishal Singh was hearing an appeal filed by Patkar against her conviction and five-month sentence in the case filed in 2000. The judge stated that the order of a magisterial court sentencing her to five months of simple imprisonment dated July 1, 2024 was being modified.
The court also reduced the amount of the fine imposed on the 70-year-old Patkar from Rs 10 lakh to Rs one lakh, saying the fine was disproportionate to the gravity of the offence. It pointed out that Patkar, being a person of repute, must know the value of one’s reputation and how defamation can result in loss of face and public esteem of the victim. The court further observed that an insensitive approach towards others’ reputation and abuse of the right to free speech must be met with criminal sanction.
“In the present case, the offence is not such that a sentence of imprisonment is warranted. The convict is an aged lady and no prior conviction was alleged against her. There is no reason why the benefit of release on probation should be denied to her,” the judge said in the order. However, he clarified that the release was conditional on Patkar depositing the fine of Rs one lakh.
“On deposit of compensation amount, convict or appellant Medha Patkar shall furnish a probation bond of Rs 25,000 with one surety of like amount for an operative period of one year from the date of furnishing the probation bond,” the court added.
Probation is a method of non-institutional treatment of offenders. It is a conditional suspension of sentence in which the offender, after conviction, is released on a bond of good behaviour instead of being sent to prison.
When the proceedings started around 11 am on Tuesday, Patkar’s counsel moved a plea for her to appear via videoconferencing. The court allowed the plea, following which the advocate challenged the order on sentence.
Requesting her release on probation of good conduct, the counsel said Patkar was suffering from various age-related ailments.
During the proceedings, Saxena’s counsels, advocates Gajinder Kumar and Kiran Jai, said Patkar intentionally defamed their client with a premeditated mind, for which she deserved strict punishment.
Saxena had filed the case as president of National Council of Civil Liberties against Patkar for her defamatory press release against Saxena on Nov 24, 2000.